U.S. Electronics Files Suit to See XM/Sirius Merger Documents

U.S. Electronics has filed a Freedom of Information Act Suit seeking the release of documents relating to Sirius and XM’s compliance with Federal Communications Commission regulations.

According to the suit, the information sought is “directly relevant to the FCC’s determination whether the public interest will be served or harmed” by a merger of Sirius and XM. U.S. Electronics says the documents shed light on the companies’ failure to bring an interoperable radio to market, past instances of exceeding emission standards and improper tower siting.

The company has sought release of the documents by the FCC since January. After what it says has been repeated denial or partial denial of these requests by the commission, as well as objections lodged by Sirius and XM to public disclosure, U.S. Electronics chose to file this suit as a last resort.

After the satellite radio companies filed their merger application paperwork at the commission last spring, the agency granted the companies the right to keep some of its material that it deemed critical to its business private. That’s why some of the documents filed by the satcasters with the commission have blacked-out portions.

U.S. Electronics is trying to gain access to the full documents regarding certain issues.

Former FCC Commissioner Harold Furchtgott-Roth, an economist, released a study of the proposed satellite merger; he concludes consumers would benefit from the union due to reined-in prices and more programming choice.